Sesión Ordinaria del Concejo Municipal 10-02-26 8 am

Discussion on Ecological Park Regulations

Concerns About Safety and Regulation

• The speaker emphasizes the need for regulations in the ecological park due to safety concerns, indicating that it poses dangers to visitors.

• A request is made regarding the entrance fee of 6 soles being charged at the park, highlighting a potential issue with accessibility.

• The speaker raises concerns about inadequate signage in areas where individuals have gone missing, stressing that this is not an isolated incident.

Recurrent Issues and Public Safety

• It is noted that there have been numerous cases of people getting lost in the park, which necessitates better management and communication from authorities.

• The speaker commends local officials for their efforts in managing incidents but criticizes media coverage for sensationalizing negative news rather than focusing on solutions.

Requests from Council Members

Procedural Guidelines

• The mayor outlines procedural rules for making requests during council meetings, emphasizing concise communication within a three-minute limit.

Specific Requests by Council Members

• Regidora Quintanachez requests an investigation into a contract awarded to a cultural consortium due to alleged non-compliance with technical proposal requirements.

• She also calls for accountability regarding fiscal oversight related to specific control reports amounting to 15,000 soles.

Addressing Community Concerns

Waste Management Issues

• Regidor Palomino discusses ongoing issues with waste accumulation in certain district areas, particularly near markets and food establishments.

• He highlights complaints from residents about stray dogs tearing open garbage bags left out overnight, calling for more frequent waste collection services.

Legal Compliance and Project Updates

• There are mentions of legal correspondence concerning municipal hospitals requiring compliance with judicial rulings.

• Regidor Palomino seeks updates on construction timelines for projects announced previously, specifically mentioning works planned on Avenida La Molina.

Hospital Management and Fiscal Oversight

Overview of Hospital Management Issues

• A document (2802-2026) regarding municipal hospitals was sent via multiple official communications, requesting information on actions taken by the administration in response to a notarial letter.

Role of Council Members in Oversight

• The speaker emphasizes that council members' oversight actions are limited by legal precedents, stating they cannot intervene in administrative acts or order management decisions, as this would exceed their authority.

• The fiscal oversight performed by the council is primarily political and must adhere to the functions outlined in the Organic Law of Municipalities.

Limitations on Administrative Orders

• Council members cannot direct hospital management or other officials to take specific administrative actions, such as opening facilities or complying with judicial measures.

Information Requests and Previous Efforts

• The speaker highlights previous requests for information that were not fulfilled due to lack of quorum during sessions. They stress the importance of transparency for community awareness.

• A group of council members had previously sought clarifications on certain issues but faced challenges due to insufficient attendance at meetings.

Additional Directives and Compliance Standards

• The speaker requests inclusion of directive 010-2024 CG previ in discussions, which outlines required formats for oversight reports approved by the General Comptroller's Office.

Community Concerns and Action Items

Urgent Repairs Needed

• A request is made for detailed information regarding compliance with judicial sentences mentioned in a letter from municipal hospitals, alongside updates on ongoing administrative actions.

Park Safety and Maintenance Requests

• Community members urgently request repairs for a pergola at Parque Virgen del Carmen due to safety concerns affecting visitors.

Regulatory Compliance Queries

• Inquiry into whether there is authorization for an auto wash center installation along Avenida de los Fresnos, noting discrepancies with zoning regulations.

Environmental Initiatives and Infrastructure Improvements

• Residents propose tree planting campaigns using drought-resistant species and improvements to sports lighting at local parks where existing fixtures are non-functional.

Security Measures Requested

• Calls for increased security presence at parks due to disturbances caused by gatherings late at night; suggestions include establishing a citizen security point or regular police patrols.

Status Updates on Local Projects

Maintenance Status Reports

• Request for updates on maintenance conditions at Parque CASBA concerning benches, children's play equipment, lighting issues, lawn care, and adherence to local laws regarding pet ownership.

Session Summary - January 27, 2026

Municipal Council Discussions

• The session addresses a specific motion regarding the authority to interrupt or silence a municipal councilor, emphasizing that any provision related to this is null.

• A request is made for an updated report from the municipal manager on the creation and distribution of a magazine titled "Molina se renueva," with specific details required.

• The report should include copies of technical and economic proposals from bidders, service orders detailing quantities and values, and subsequent reports presented to the National Jury.

• An updated report on the execution of a court ruling favoring municipal hospitals is requested, including administrative acts that annulled previous resolutions affecting hospital licenses.

• Additional requests for legal reports supporting judicial defeats in cases involving municipal hospitals are made, highlighting procedural weaknesses.

Transparency and Information Access

• There’s a call for immediate updates to the Muni Molina GOP portal to ensure public access to legal information such as council agreements and ordinances.

• Concerns are raised about outdated information on the portal violating transparency laws; it is noted that previous years' data is not visible.

Ongoing Issues and Requests

• Regidora Navarro requests an update regarding actions taken in response to a notarial letter concerning municipal hospitals received recently.

• Regidora Espinosa Aquino highlights recent incidents involving missing youths in La Molina, asking for monthly revenue reports from visitor fees and future signage plans at these locations.

Procedural Matters

• The session transitions into verifying quorum before proceeding with agenda items.

• Quorum confirmation leads into reading rules of debate as per regulations; no councilor may speak more than twice on an issue unless they issued the original opinion.

Agenda Items

• The first agenda item involves authorizing administrative procedures for reallocating three properties to benefit La Molina Municipality.

• Discussion begins with input from urban planning officials regarding property reassignment processes.

Reassignment of Public Domain Properties

Overview of the Reassignment Process

• The reassignment process involves modifying the predetermined use of a public domain property to serve a new public service purpose.

• This administrative procedure is requested from the Superintendencia Nacional de Bienes Estatales and requires an administrative resolution for approval.

Conditions for Reassignment

• The reassignment includes transferring ownership to a new responsible entity, represented by the State, which will hold the new title.

• Approval from the current managing entity is necessary unless the property is already designated for another public service or is in disuse.

Legal Framework and Requirements

• Article 100 of Law 29151 outlines requirements for requesting property reassignment, notably requiring regional government applicants to attach a council agreement authorizing the procedure.

• The third final complementary provision of Law 31199 mandates that entities occupying public spaces must request formalization through the Superintendencia Nacional de Bienes Estatales if their occupation predates this law.

Specific Properties Under Consideration

Property One: Calle Suspiros del Morro

• Located at Lote 13, Manzana J1 in Lomas de la Molina Vieja; currently designated for educational use but functioning as a permanent park (1,000 m²). The goal is to change its designation to public recreation park under municipal control.

Property Two: Calle Toledo with Cataluña and Girón Sierra Montero

• Situated at Lote M31 in La Capilla; also currently classified as educational land (19,980 m²) but has been consolidated into a park. Similar reassignment goals apply here as well.

Property Three: Calle Villarrits

• Found at Lote 1 in Rivera de Monterico; this area (1,826.64 m²) is likewise intended for educational purposes but has become a consolidated park needing reclassification to public recreation under municipal authority.

Summary of Objectives and Benefits

• The proposed reassignment aims for indefinite duration due to these properties' established roles as parks serving community needs over time. Benefits include urban environment improvement and enhanced local public services utilization while ensuring proper state asset management.

Conclusion and Next Steps

• A council agreement is essential to authorize initiating this administrative process for property reassignment favoring La Molina's municipality, emphasizing community benefit through improved recreational spaces.

Discussion on Land Reassignment and Zoning Changes

Inquiry about Ministry of Education Properties

• Regidora Quintana questions the ownership of three properties registered under the Ministry of Education, seeking clarification on their status.

• She inquires if there is any report from the Ministry regarding these properties, emphasizing the need for documentation before proceeding with municipal claims.

Legal Framework and Property Use

• The regidora expresses concern over transferring property titles to the municipality without proper legal procedures being followed.

• It is noted that according to Law 29151, a report from the Ministry is not required if the property is either actively used for public service or currently unused.

Voting on Administrative Procedures

• A vote is called to authorize municipal administration to initiate procedures for reassignment of three properties; majority approval is achieved despite one dissenting vote and one abstention.

Zoning Change Request Overview

• The next agenda item involves a request to change zoning classification from public recreation area to medium-density residential for a specific lot in La Molina.

• The sub-manager of urban actions presents details about this zoning change request made by several individuals, including Carlos Ricardo Alildebran Lizárraga.

Analysis of Current Land Use and Community Needs

• The current land use analysis shows that most surrounding lots are designated for single-family housing, while some remain undeveloped.

• The existing zoning as a public recreation area contrasts with community needs for residential development due to high demand in the vicinity.

Environmental Considerations and Urban Planning

• Discussion highlights that 79% of nearby properties are already developed, indicating a predominantly low-density residential area.

• Concerns are raised regarding environmental protection due to proximity to an ecological park; changing zoning could lead to increased urbanization affecting conservation efforts.

Discussion on Change of Land Use Regulations

Overview of the Proposed Change

• The proposal for changing land use regulations is aimed at facilitating informal occupation in a specific area, as per Ordinance 2086. This ordinance mandates public display of change requests to gather community feedback.

Community Engagement and Feedback

• The municipality displayed the request for 15 days in a high-traffic area and promoted it on their website to encourage public input. A consultation was also conducted through the local participation management office.

• Results from the community consultation showed significant opposition: 30 opinions against the change versus only 7 in favor, indicating that approximately 68% of residents disapprove of the proposed land use change.

Technical Assessment and Concerns

• From a technical standpoint, urban development management views the timing for this land use change as unfavorable due to incomplete infrastructure in the surrounding area, which has not yet been incorporated into public domain. This raises concerns about safety and quality standards for roads and services.

• The lack of adequate urban infrastructure limits potential density increases in this zone, suggesting that approval could lead to unauthorized occupation near ecological parks. The overwhelming majority (68%) oppose this change based on community feedback.

Alignment with Development Plans

• It is noted that any changes must align with district development visions; however, current proposals do not fit within established local development plans that prioritize residential use alongside necessary public infrastructure such as education and health facilities. Thus, technical opinion remains unfavorable towards the proposed changes.

Discussion Among Council Members

• Following these insights, council members were invited to express their views on the matter, leading to further inquiries regarding existing housing developments around the proposed site and questioning why certain areas are deemed non-developable under current regulations despite existing constructions nearby.

Clarifications on Urban Planning Regulations

• A council member highlighted discrepancies between existing homes and zoning classifications; while some lots have developed informally over time, they may lack formal urbanization approvals which complicates their legal status concerning land use changes. Discussions indicated potential future requests for similar changes from other adjacent lots might arise due to ongoing informal settlements in those areas.

Final Vote Outcome

• After deliberations among council members regarding these issues, a vote was held resulting in a majority decision against approving the requested change from ZRP (Protected Zone) to RDM (Residential Medium Density) for Lot 23 located at Portal del Sol de La Molina, Lima province. One abstention was recorded during this process indicating mixed sentiments among council members about proceeding with such regulatory changes amidst community opposition and infrastructural concerns.

Change of Land Use Request in La Molina

Overview of the Request

• The request involves changing the land use designation from public recreation to medium-density residential for a 250 m² lot (Lot 22, Block F2) located on Calle 14 de Revolución Portada del Sol in La Molina, Lima.

• The proposal is presented by administrators Carlos Gilde Brandizárraga, Cecilia Galloso Landazuri, and Carla Roncero Barbieri.

Context and Previous Requests

• This request pertains to Lot 22, which is adjacent to Lot 23. Both lots are owned by the same individual who previously requested a similar change for Lot 23.

• The area has not been developed; it is enclosed with a brick wall and lacks any buildings.

Technical Considerations

• Key considerations include the degree of urban consolidation, proximity to ecological parks, and accessibility issues due to high slopes in the area.

• A public consultation was conducted where opinions were gathered regarding the proposed change; results showed significant opposition.

Public Consultation Results

• Out of total responses received during public consultations:

• 18 opinions against the change

• 11 opinions in favor.

Urban Development Concerns

• The technical justification for denying this request mirrors previous cases due to inadequate conditions for urban habilitation and potential informal occupation risks.

• The majority (62%) opposed the change, indicating that it does not align with local development plans emphasizing service provision.

Interinstitutional Cooperation Agreement

Purpose of Agreement

• An explanation was provided regarding an extension of an inter-institutional cooperation agreement between La Molina municipality and Lima municipality aimed at regulating heavy cargo transport within La Molina's jurisdiction.

Objectives of Regulation

• The agreement seeks to enhance road safety by ensuring compliance with traffic regulations concerning heavy vehicles that should not circulate on restricted roads.

Legal Framework

• Legal bases for this agreement include various municipal laws related to transportation and traffic management established under national regulations.

Existing Agreements

• A prior agreement signed in 2022 is being discussed for renewal; it originally had a two-year term set until 2024 but will be extended automatically through additional approval until 2025.

This structured summary captures key discussions from the transcript while providing timestamps for easy reference.

Traffic Regulations for Trucks in La Molina

Overview of Truck Restrictions

• The municipal management has implemented restrictions on truck transit through unauthorized routes within the district.

• Key roads under constant surveillance for truck traffic include Avenida La Planicie, Avenida La Molina with Avenida Elías Aparicio, and others.

Restricted Routes

• Current restricted avenues as per municipal resolution include:

• Avenida Raúl Ferrero

• Cerro Centinela

• Avenida Manuel Prado Ugarteche

• Calle José León Barandiarán

• Additional studies are underway to request further restrictions on other significant avenues like Avenida Circunvalación and Golf Los Incas.

Communication and Enforcement Measures

• Informational banners have been placed on social media platforms to raise awareness about these prohibitions.

• Signage has been installed throughout the district to inform residents of the truck passage ban and applicable penalties for violations.

Infringement Statistics and Costs

• A summary of past infringement records indicates a consistent enforcement effort against unauthorized truck traffic.

• The costs associated with this initiative primarily involve inspector deployment, documentation handling, and coordination with Lima's municipality and police.

Benefits of the Agreement

• Advantages include improved traffic order, reduced irregular vehicle circulation that damages road infrastructure, enhanced safety for all road users, and overall better municipal management efficiency.

Positive Feedback on the Initiative

• Favorable opinions from various municipal departments validate the agreement's viability, including human resources, treasury, planning, public safety, and legal advisory.

Conclusions Drawn from Implementation

• The agreement has led to better control over cargo transport within the district while enhancing road safety for users.

Recommendations for Improvement

• Suggestions were made regarding increased signage visibility to ensure clear communication about vehicle restrictions.

Additional Considerations

• Emphasis was placed on ensuring proper communication channels are established so that residents are well-informed about regulations.

Discussion on Municipal Cooperation and Nomenclature Assignment

Overview of Restricted Routes

• The speaker emphasizes the need for clear enumeration of restricted routes to ensure public awareness and information dissemination.

Position on Viaduct Construction

• A participant reflects on a recent coordination with Dr. Zamora regarding the municipality's strong stance that led to halting construction on the viaduct, highlighting community interests in La Molina.

Voting Process for Municipal Agreement

• The mayor calls for a vote regarding the approval of a cooperation agreement, indicating majority support with one dissenting vote. The secretary is instructed to proceed with reading the next agenda item.

Naming Public Spaces: Proposal Introduction

• The sub-manager of urban planning introduces a request for assigning nomenclature, explaining that this involves naming public spaces such as parks and roads based on specific criteria.

Historical Context of Proposed Name Assignment

• A proposal is made to name a park after Teodoro Emilio Hamser Gómez de la Torre, who served as La Molina's second mayor and contributed significantly to local infrastructure development during his tenure until 2017. His legacy includes educational contributions at PUCP and notable municipal projects like Avenida Raúl Ferrero.

Regulatory Framework for Nomenclature Assignment

• The discussion outlines legal frameworks governing nomenclature assignment, including local ordinances and national regulations that dictate how names can be assigned or modified based on historical significance or community relevance. Specific criteria are established for naming public spaces after illustrious figures while avoiding duplications or naming living individuals.

Discussion on Naming Public Spaces in La Molina

Avoiding Duplicity in Nomenclature

• The importance of avoiding duplicate names for streets and public areas to prevent confusion is emphasized. This includes prohibiting names like "La Molina" within the same district.

• The municipal ordinance 2079 grants the municipality of La Molina the authority to approve or modify street and park names through council agreement.

Criteria for Naming After Individuals

• The case of engineer Teodoro Hamsen is discussed, noting that he meets criteria outlined in the ordinance since he has passed away, and there are no existing streets or parks named after him.

• It is confirmed that there is no duplication of nomenclature related to Hamsen's name, making it eligible for consideration as a public space name.

Historical Context and Contributions

• A review highlights Hamsen's contributions during his tenure as mayor, including significant developments such as establishing a prefabricated building for local governance at the Universidad Nacional de Garia.

• The discussion shifts to identifying suitable locations for naming a park or street after Hamsen based on established criteria from ordinance 2079 regarding public spaces.

Analysis of Current Nomenclature

• An analysis reveals that many unnamed roads exist in areas where their nature does not align with Hamsen’s legacy; however, parks only require legal establishment without restrictions on naming nature.

• Technical recommendations suggest assigning Hamsen's name to an appropriate park due to its proximity to educational institutions and its readiness for public use.

Selection Process for Park Naming

• Park four in Portada del Sol urbanization is identified as suitable due to its completion status and lack of assigned nomenclature, alongside being well-equipped with amenities like pathways and benches.

• A community survey conducted by the neighborhood participation management shows strong support (91%) among residents for naming this park after engineer Hamsen, exceeding the required threshold of 80%.

Conclusion on Nomenclature Assignment

• The municipality confirms its competence in assigning names according to regulations while ensuring compliance with community preferences and technical requirements regarding public spaces. Thus, it supports naming Park Four after Teodoro Emilio Hamsen Gómez de la Torre based on favorable conditions met throughout the process.

Discussion on Honoring Mayor Carlos Chávez Valdivia

Proposal for Naming a Park

• The council is urged to find a suitable area to honor Mayor Carlos Chávez Valdivia by naming a park or street after him. This initiative has been requested by the family of the mayor, not promoted by the municipality itself.

Family Involvement in the Tribute

• It is emphasized that the tribute has been driven by family members who have actively participated in the process for over a year, including attending anniversary celebrations. Notably, an elderly widow of 101 years was present at these events.

Unanimous Support for Nomenclature Assignment

• A vote was called regarding the assignment of nomenclature to "Ingeniero Teodoro Emilio Hams" for Park Number Four in Portada del Sol, which passed unanimously among council members.

Regulation of Ecological Park in La Molina

Introduction of New Ordinance

• The agenda includes discussing an ordinance aimed at regulating safety, conservation, and usage within La Molina's ecological park. The goal is to establish guidelines that ensure sustainable management and community participation.

Identified Issues with Current Management

• Key problems include lack of specific regulations leading to environmental risks and conflicts over space usage; incidents have occurred due to inadequate oversight. The ordinance aims to address these issues effectively.

Legal Framework Supporting the Ordinance

• The legal basis for this ordinance references several laws:

• Law 27972 (Organic Municipalities Law)

• Law 28611 (General Environmental Law)

• Law 3199 (Public Space Management Law)

• Agenda 2030 for Sustainable Development objectives are also considered as part of this framework.

Objectives and Principles of the Ordinance

Goals Outlined in the Ordinance

• The primary objectives include:

• Regulating responsible use of La Molina's ecological park.

• Ensuring ecological conservation.

• Promoting environmental education among visitors and residents.

Institutional Responsibilities Defined

• The Department of Sustainable Development will oversee planning and evaluating maintenance related to green areas and parks as per established municipal articles, ensuring alignment with broader sustainability goals outlined in local plans through 2026.

Safety Measures and Visitor Regulations

Key Principles Established

• Several guiding principles are introduced:

• Comprehensive visitor safety.

• Individual responsibility.

• Prevention measures.

• Sustainability practices.

These principles aim to create a safe environment while promoting ecological awareness among visitors.

Proposed Visitor Responsibility Declaration

• Visitors engaging in activities like trekking or cycling will be required to sign a declaration acknowledging personal responsibility during their visit; municipal signage will indicate hazardous areas within the park as part of this initiative.

Restrictions on Activities Within the Park

Prohibited Actions Detailed

• Specific activities will be restricted within the park:

• Entry of motorized vehicles without valid technical authorization.

• Lighting fires or conducting burns.

• Disposing waste that contaminates soil or water sources.

These restrictions aim to maintain ecological integrity while enhancing visitor safety standards within park boundaries.

Exceptions Noted

• Certain exceptions are made regarding regulated access points for managing environmental actions while maintaining existing pedestrian paths and cycling circuits essential for educational purposes and monitoring activities within the park ecosystem.

Discussion on Park Regulations and Responsibilities

Overview of Proposed Ordinance

• The proposed ordinance aims to establish controlled pedestrian transit, addressing various prohibitions that could lead to incidents ranging from minor to severe.

• A sworn declaration will be required from visitors participating in sports, acknowledging their responsibility for any incidents that may occur during their activities.

Safety and Environmental Management

• The ordinance provides a clear regulatory framework for managing and conserving the ecological park, aligning with the PO 2026 and multiannual plan 2028.

• It reinforces municipal competencies regarding environmental matters as per local laws, ensuring visitor safety while protecting the local ecosystem.

Visitor Responsibilities

• Visitors must fill out a sworn declaration accepting responsibility for actions taken within the park, promoting sustainable activities like trekking and cycling without imposing restrictions.

• Suggestions were made to improve article numbering in the ordinance for clarity.

Concerns Regarding Restrictions

• Regidora Navarro raised concerns about restrictions on drone usage and pets in the park, emphasizing that these should not hinder community engagement or family inclusion.

• There is a call for regulations allowing drone use with proper authorization while ensuring pet safety through leashing requirements.

Clarifications on Drone Regulations

• Clarification was provided regarding existing regulations by the General Directorate of Civil Aeronautics concerning drone operations, distinguishing between professional drones requiring permits versus recreational ones.

• Emphasis was placed on compliance with leash laws for dangerous dog breeds when visiting the park.

Conclusion of Meeting

• The ordinance regulating safety and conservation at La Molina Ecological Park was approved unanimously by council members.

• The session concluded with approval of a leave request from Mayor Esteban Luceda Guerra García.